Chapter 17.86 — ADULT BUSINESS USES

It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residential zones. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses while permitting the location of adult businesses in certain areas.

(Ord. No. 1000 § 4, 2022)

Qualifying adult business uses as defined in article IX, chapter 17.142 (Adult Business Definitions) shall comply with all of the following development, operational, and maintenance standards:

• A. Areas for adult entertainment establishments. Adult entertainment establishments are permitted only in those areas of the city within industrial zones as specified in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) and are not permitted west of Haven Avenue. Establishments are further subject to the proximity requirements of this section. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in this Development Code for a zone and use most comparable to the proposed adult entertainment business, as determined by the planning director.

• B. Minimum proximity requirements. No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below:

  1. No such establishment shall be established within 1,500 feet of any other adult entertainment establishment.

  2. No such establishment shall be established within 1,500 feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (e.g., city hall, county offices, courthouse, libraries, etc.), and the right-of-way on Haven Avenue, Milliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway.

• C. Measurement of distance between uses. The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment establishment and any school, public park, or residential zone, etc., shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park, or residential zone, etc.

• D. Closed viewing areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms, or other areas within its place of business that are used, designed, or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available

by access and visual inspection at all times by any city inspectors standing at the front door (not to include existing and approved restroom facilities).

(Ord. No. 1000 § 4, 2022)

It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the planning commission consistent with requirements of chapter 17.14 (General Application Processing Procedures) and chapter 17.20 (Planning Commission Decisions). (Ord. No. 1000 § 4, 2022)

• A. Criminal violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any person, firm, partnership, or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this section.

• B. Civil remedies available. A violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.

• (Ord. No. 1000 § 4, 2022)